East Valley Professional Center Association v. Hartford Casualty Insurance Company et al

Filing 17

ORDER that Plaintiff's Motion to Remand (Doc. 13 ) is granted and that this action is remanded to the Maricopa County Superior Court for lack of subject matter jurisdiction. Signed by Senior Judge Paul G Rosenblatt on 12/18/2012. (Attachments: # 1 Remand Letter)(KMG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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East Valley Professional Center
Association,

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Plaintiff,
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vs.
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Hartford Casualty Insurance
Company, et al.,

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Defendants.

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No. CV-12-02463-PHX-PGR
(Mar.Cty.Sup.Ct. CV2012-015296)
ORDER OF REMAND

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The defendants removed this action solely on the basis of diversity of

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citizenship jurisdiction. Among the motions pending before the Court is Plaintiff’s

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Motion to Remand, filed December 5, 2012, wherein the plaintiff seeks the

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remand of this action in part due to a lack of diversity jurisdiction. On December

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6, 2012, in response to the plaintiff’s statement in its motion that the amount in

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controversy does not exceed $75,000, exclusive of interest and costs, the

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defendants filed a Notice of Withdrawal of Defendants’ Notice of Removal. Since

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there is no procedural device under federal law as a notice of the withdrawal of a

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notice of removal, the Court will construe the defendants’ notice as their non-

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opposition to the motion to remand. Therefore,
IT IS ORDERED that Plaintiff’s Motion to Remand (Doc. 13) is granted and

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that this action is remanded to the Maricopa County Superior Court for lack of

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subject matter jurisdiction.

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DATED this 18th day of December, 2012.

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